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Arizona Criminal Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Arizona on
Q: Would I be able to press charges against someone who placed a hidden device in the privacy of my bedroom?

I do know the person who did it and am willing to press charges against this said individual should the opportunity arise. But I was curious, what form of state punishment would this person receive if they were to be brought up on "voyeurism charges", and if I wanted to sue this person... View More

James L. Arrasmith
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answered on May 1, 2024

If someone placed a hidden device in your bedroom, you could potentially press charges for voyeurism, a serious invasion of privacy. Voyeurism laws vary by state, but generally, it's considered a criminal offense when someone knowingly invades another person's privacy for sexual... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Arizona on
Q: Can you be arrested for Aggravated DUI when your weren't even driving, in front of your house ,with no keys in your poss

Police report says I was observed consuming alcohol and was not even driving or in possession of keys and no ethyl alcohol in my system can the police lie like that on the police report and a year later initially file charges for Aggravated DUI?

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information you've provided, it seems unusual that you would be charged with Aggravated DUI a year after the incident if you were not driving, did not have keys in your possession, and had no ethyl alcohol in your system at the time. However, laws can vary by jurisdiction, and... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: I was the subject of a police investigation involving illicit substances years ago-More info below-is it safe to travel?

How was the subject of a police investigation involving illicit substances four or five years ago in the state of Arizona- my renter was a heroin dealer who got arrested, and they naturally launched an inquiry into me. I was never a drug dealer, but I also was no stranger to shady dealings with... View More

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information you've provided, it seems that you were not arrested or charged with any crimes related to the police investigation. If there are no outstanding warrants for your arrest, you should be able to travel without facing legal issues.

However, it's essential to...
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1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on
Q: Im a college sophmore

My ex had recently broken up with me, and I had decided with a friend to drive me to his dorm and egg his room. It was supposed to be like a little April Fools Prank that he was unaware of and to make me feel better about the break up but it went too far. So I broke in by 2 college students letting... View More

James L. Arrasmith
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answered on Apr 4, 2024

I understand that you are going through a difficult time after your breakup, but it's important to recognize that your actions were not just a harmless prank. Breaking into someone's room and causing damage to their property is a serious offense that can lead to criminal charges.... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: A search warrant was served on my house. I asked the officers why my home and they said it was surveiled

They didn't find any stolen goods and left me to fix my door and sue them for the money. I want to find out if the search was legal

James L. Arrasmith
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answered on Mar 24, 2024

The legality of the search conducted at your home depends on several factors. If the officers had a valid search warrant, it typically means that a judge found probable cause based on evidence presented by law enforcement. The specifics of the warrant, such as the address, date, and items sought,... View More

1 Answer | Asked in Criminal Law, Family Law and Child Support for Arizona on
Q: At a fugitive of justice hearing in Maricopa county and there's a status conference when I'm out on bond. What to expect

Hello maricopa county, I got arrested for a warrant out of Michigan for child support and I got bonded out now I have to go to a status conference. What should I expect at the status conference? Will they put me back in jail.

James L. Arrasmith
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answered on Feb 25, 2024

Here are a few key things you can expect at a status conference for a fugitive of justice case in Maricopa County:

- The judge will check in on the progress of getting you extradited back to Michigan to face the child support warrant. The prosecutor will update if Michigan has begun that...
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1 Answer | Asked in Criminal Law, Constitutional Law and Native American Law for Arizona on
Q: I'm charged with poss of dang drug and it was obtained illegally by the officers

Ok I was arrested two years ago but was released cuz of my job so I didn't go to jail but the officer was surveillancing a home but I went to check on my son at that residence I was there for close to 15 l

Min but officer has no video of me doing anything illegal he stated I was there... View More

James L. Arrasmith
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answered on Feb 24, 2024

In Arizona, the legality of a police stop and search is grounded in whether the officer had probable cause to believe a crime was being committed. Simply being present at a location under surveillance does not automatically provide probable cause. However, the specific circumstances surrounding... View More

1 Answer | Asked in Criminal Law, Immigration Law, Domestic Violence and International Law for Arizona on
Q: Will I be extradited from Mexico to the USA for a dv assault charge? I’m a Mexican citizen and have a green card
James L. Arrasmith
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answered on Feb 24, 2024

Extradition between Mexico and the United States is governed by treaties and international law, which allow for the transfer of individuals facing criminal charges or convictions from one country to the other under certain conditions. Whether you will be extradited for a domestic violence assault... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Met someone on Tinder who claimed to be 18. Police say they're a minor. Can I be charged if I didnt know their real age?

I was on Tinder and the person I met said they were 18. I had police contact saying that the person was a minor. If I did not know will I still get charged with a crime?

Michelle Villanueva Skura
Michelle Villanueva Skura
answered on Feb 23, 2024

We are sorry that you find yourself in this situation. Unfortunately this situation is more common than most people think. First, lets address the biggest problem that our clients in this situation face: A minor cannot consent under ARS 13-1405. In Arizona the age of consent is 18yrs old this means... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Can my son hire another attorney just for his plea bargain in Phoenix Arizona

We hired a attorney for our son in Arizona to help fight in a complex criminal case. Our son was 19 and just graduated high school, worked since 15, played sports since 2nd grade, never been in any kind of trouble with school or the law in our town. The attorney we hired has not been good for him... View More

Zachary Divelbiss
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answered on Feb 22, 2024

This is a common issue that happens and I hate to say it but if your son already accepted the plea deal then there is nothing that can be done. A lawyer would have to basically prove that something legally was significantly wrong with the plea to undo accepting the plea.

If, however, you...
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1 Answer | Asked in Criminal Law for Arizona on
Q: how to defeat an affirmative defense plea

even though the party had a mental condition they were aware of what they were doing at the time the crime was commited by trying to clean up the crime scene and stole and fled in that persons car

Zachary Divelbiss
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answered on Feb 22, 2024

I am not sure your entire question was posted correctly.

There is no such thing as an "affirmative defense plea" so that is the first thing that we would need to know. What it sounds like is maybe you believe there is an affirmative defense based on mental capacity. That can...
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1 Answer | Asked in Criminal Law for Arizona on
Q: Why was i charged w hindering in 2 degree ? Police came on a welfare check, but refused to leave.

I answered door to two police officers that stated they were there on a welfare check called in by a friend. I told them we are all sleeping and that everything is fine. They asked to talk to my son , I woke him up and we both talked through a see through locked screen. they could see we were fine.... View More

Zachary Divelbiss
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answered on Feb 22, 2024

Hindering in the 2nd degree comes from ARS 13-2511. The law is fairly simple as it says, "A person commits hindering prosecution in the second degree if, with the intent to hinder the apprehension, prosecution, conviction or punishment of another for any misdemeanor or petty offense, such... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: If I was to fly back from another country into USA and landed in Washington and have an active warrant in California.

Would California come get me? Would they know if have an warrant right when I land using my passport? Would I be able to enter the U.S. without them finding out I have a warrant? Or be prepared to be arrested?

Zachary Divelbiss
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answered on Feb 22, 2024

Yes, if you have an active warrant then you should always expect to be arrested any time you come into contact with law enforcement. We have seen this happen both if you are entering or leaving at an airport as once you provide your ID the system checks for any flags. Now, it is impossible to say... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: i have a charge for criminal damage and disorderly conduct x5 i want to k ow what will happen if i plead guilty
Zachary Divelbiss
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answered on Feb 20, 2024

Every case is different and since you were charged with 6 criminal misdemeanors, I strongly recommend that you hire a private lawyer to defend you. If you only had one charge, then that might be a different situation where online advice could be helpful.

That being said, here is what I can...
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1 Answer | Asked in Criminal Law for Arizona on
Q: Could someone apply for parole if their release date is on 2025? Sentenced to 3 in a half years but past mandate test?

Also completed many programs and received many certificates. Unfortunately the charge was aggravated assault,and disorderly conduct. If he hasn't gotten any tickets in prison, and working, and staying out of trouble. Could he apply for parole late 2024? Thank you!

T. Augustus Claus
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answered on Feb 8, 2024

In Arizona, eligibility for parole depends on the specific laws and guidelines that govern parole decisions, including the type of offense committed and the individual's behavior while incarcerated. For someone sentenced to 3 and a half years for aggravated assault and disorderly conduct,... View More

1 Answer | Asked in Contracts, Criminal Law, Divorce and Personal Injury for Arizona on
Q: I need a lawyer to write up a demand letter.

I'd rather explain in person if I could bc it'd be a lot easier. Bc there is a lot involved and not sure what direction to go with this issue. Civil Rights, Domestic Violence, interference with business relationships, Cyber stalking, Hacking, spying, tampering with personal properties,slander

Tim Akpinar
Tim Akpinar
answered on Feb 6, 2024

An Arizona attorney could advise best, but your question remains open for three weeks. It could be difficult for attorneys here to offer their services or a consult, as you mention your preference to explain in person. You'd need to reach out to attorneys. In addition to your own independent... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Arizona on
Q: If the police knock on your door, you answer. They say your under arrest. Do you have to go with them?

Do you have to step out of your home and go with them. If they do not have a warrant.

James L. Arrasmith
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answered on Jan 26, 2024

Yes, if the police knock on your door, announce they are there to arrest you, and order you to come out, you legally have to comply and go with them even if they do not have an arrest warrant.

Police officers are legally allowed to make warrantless arrests if they have probable cause that...
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1 Answer | Asked in Criminal Law, Domestic Violence, Divorce and Tax Law for Arizona on
Q: need pro bono lawyer to help me clear a dv warrant against me & to press idv charges against my abuser, Can you help?

I was determined to be the instigator. He got superficial scratches. I flew backwards through the air and broke my foot in 6 places in an attempt not to break my neck, head or worse. The whole situation started because he was driving drunk and I tried to take the keys of our car away from him. I... View More

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answered on Jan 22, 2024

To find a pro bono lawyer who can assist with your situation, you can start by contacting legal aid organizations in Arizona. These organizations often provide free legal services to those who qualify based on their income and the nature of their legal issues. They may be able to help you address... View More

1 Answer | Asked in Criminal Law and Animal / Dog Law for Arizona on
Q: Is it actually unlawful to take someone's dog home with you when you pick them up off the streets? I live in Arizona

Long story short I found a puppy wandering around a neighborhood no collar, I took it to get scanned but no chip. I basically hung out with this dog all day and eventually ended up talking to some neighbors. One of the neighbors told me they think the dog lives at the Corner House. So I ended up... View More

Christopher Millar
Christopher Millar
answered on Jan 19, 2024

Hello,

Arizona Theft requires "intent to deprive" a person of the property. Here, you did not commit theft because you were attempting to locate the owner to give them their property back. I believe you've done a good deed that would not be considered "theft." I...
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1 Answer | Asked in Criminal Law and Traffic Tickets for Arizona on
Q: A cop pulled me over and I dropped my ciggarette but picked it up as soon as we were done. Am I guilty of littering?
T. Augustus Claus
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answered on Jan 18, 2024

If you dropped a cigarette during the traffic stop but promptly picked it up afterward, it is less likely that you would be charged with littering. Littering charges typically involve the intentional and unlawful disposal of waste or objects in public spaces. In your case, it seems like a momentary... View More

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